text of the Montana law concerning marriage by proxy:
( 1) a marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages by a mayor, city judge, or justice of the peace, by a tribal judge or pursuant to any celebration mode recognized by any religious denomination, Indian nation or tribe, or an indigenous group. Either the person celebrating the marriage or if no individual acting alone celebrated the wedding, a party to the marriage must complete the marriage certificate form and forward it to the clerk of the district court.(2) If a party to a marriage can not be present at the celebration, the party may authorize in writing another person to act as proxy. If the person celebrating marriage is convinced that the absent party is unable to be present and consented to the marriage, the person can perform the marriage by proxy. If the person celebrating marriage is not satisfied, the parties may ask the court for an order authorizing the district marriage must be solemnized by proxy.
(3) The celebration of marriage is not invalidated by the fact that the person celebrating the marriage was not legally qualified to celebrate if one of the wedding party thought that this person is qualified.
(4) a party to a marriage by proxy shall be a member of the armed forces of the United States federal active duty or a resident of Montana at the time of the license application and a certificate under 40-1-202. A party or legal representative to appear before the clerk of the court and pay the marriage license fee. For the purposes of this paragraph, the residence must be determined in accordance 1-1-215
History :. In. 48-309 by Sec. 9, Ch 536, L. 1975. amd. Second. 9, 33 L. Ch. 1977; R.C.M. 1947 48-309 (1), (2), (4); amd. Second. 1, chap. 247, L. 1979; amd. Second. 3, chap. 348, L. 1985; amd. Second. 2, chap. 235, L. 07.
Source: Montana Legislative Services